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PEOPLE v. OEHRKE

No. 1-05-1433.

860 N.E.2d 416 (2006)

307 Ill.Dec. 762

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David OEHRKE, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

December 5, 2006.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Peter Sgro, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (James E. Fitzgerald, Veronica Calderon Malavia, Susan R. Schierl Sullivan, Eve Reilly, of counsel), for Appellee.

Presiding Justice WOLFSON delivered the opinion of the court:

Frieda Oehrke, the defendant's 91-year-old mother, was brought to the emergency room at Resurrection Hospital, where she told a doctor and a nurse she did not know why her son kept hitting her. The issue in this case is whether Frieda's statements in the emergency room were admissible at the defendant's trial. Because we find the statements were inadmissible hearsay we reverse the defendant's aggravated...

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